The appeal cites a "basic principle that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application."
The Justice Department is asking that the federal judge’s order be stayed pending resolution of the appeal. It says the ban is necessary "to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism."
Earlier Saturday, the government officially suspended enforcement of the ban in compliance with the judge’s order, which plunged the new administration into a crisis that has challenged both Trump’s authority and his ability to fulfill campaign promises.
That stand-down marked an extraordinary setback for the White House. Only a week ago, the president had acted to suspend America’s refugee program and halt immigration to the US from seven Muslim-majority countries that the government said raise terrorism concerns.
As the White House worked to reinstate the ban, Trump mocked US District Judge James Robart, appointed by President George W. Bush, as a "so-called judge" whose "ridiculous" ruling "will be overturned." He added in a subsequent tweet: "Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision."
Trump’s direct attack recalled his diatribes during the campaign against a federal judge of Mexican heritage who was overseeing a Trump University case. Justice Department lawyers could be called upon to answer for his words as the travel ban case reaches the 9th US Circuit Court of Appeals.
The ban has caused unending confusion for many foreigners trying to reach the United States, prompting protests across the United States and leading to multiple court challenges. Demonstrations took place outside the White House, in New York and near Trump’s estate in Palm Beach, Florida, where he was spending the weekend and attending an annual American Red Cross fundraising gala.
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